Overcoming the Gender Pay Gap: Equal Pay Policies Implementation in France and the United Kingdom

This chapter examines Part 5 of the Equality Act 2010, which prohibits discrimination, harassment, and victimization in employment and analogous situations. It contains provisions regarding those who are not strictly employees but who are also protected from discrimination in the course of performing their duties such as police officers, partners, barristers and advocates, and other office holders. Part 5 also contains the Occupational Pension Schemes provisions. Meanwhile, Chapter 3 of Part 5 contains the provisions relating to equal pay, pregnancy and maternity pay, restrictions on pay discussions, and gender pay gap information. The Act consolidates and replaces the previous anti-discrimination legislation which is largely replicated in the Act, with some notable amendments. These amendments are intended to unify the level of protection across all of the protected characteristics and to resolve any anomalies, for example around disability-related discrimination.

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5. Equal Pay

Selwyn's Law of Employment ◽

10.1093/he/9780198836636.003.0005 ◽

2020 ◽

pp. 163-176

Author(s):

Astra Emir

Keyword(s):

Burden Of Proof ◽

Sex Discrimination ◽

Gender Pay Gap ◽

Equal Pay ◽

Pay Gap ◽

Time Limits ◽

Sex Equality ◽

Equal Work ◽

And Gender ◽

Material Factor

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

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EQUAL PAY FOR WORK OF EQUAL VALUE, GENDER PAY GAP AND AUDITS.

10.2307/j.ctv20hcsgd.13 ◽

2021 ◽

pp. 125-134

Author(s):

Rafael García García ◽

Miriam Judit Gómez Romero

Keyword(s):

Gender Pay Gap ◽

Equal Pay ◽

Pay Gap

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14. Equal Pay Law

10.1093/he/9780198813149.003.0014 ◽

2018 ◽

Cited By ~ 1

Author(s):

David Cabrelli

Keyword(s):

Gender Pay Gap ◽

Equal Pay ◽

Pay Gap ◽

Sex Equality ◽

Contract Of Employment ◽

Opposite Sex ◽

Equal Work ◽

The Uk ◽

Material Factor ◽

The Eu

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.

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Preferential pay protection: Does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender?

International Journal of Discrimination and the Law ◽

10.1177/1358229118817163 ◽

2019 ◽

Vol 19 (1) ◽

pp. 4-25

Author(s):

Margaret Downie

Keyword(s):

United Kingdom ◽

Sexual Orientation ◽

Equal Pay ◽

Disadvantaged Groups ◽

Civil Partnership ◽

The United Kingdom ◽

Gender Reassignment ◽

Separate System ◽

The Impact ◽

Consistent Approach

UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation (brought under the general discrimination provisions in Chapter 2 of that Act). This article considers the impact of the differences on each group of claimants. It concludes that the separate system of equal pay for the protected characteristic of sex ignores other inequalities of pay and that the inconsistent way the United Kingdom treats these issues leads to inequality among disadvantaged groups. It recommends that the United Kingdom should take a more consistent approach to pay gaps.

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Pay equity and marginalized women

Gender in Management An International Journal ◽

10.1108/gm-06-2017-0073 ◽

2018 ◽

Vol 33 (2) ◽

pp. 123-137 ◽

Cited By ~ 2

Author(s):

Roopkiran Kohout ◽

Parbudyal Singh

Keyword(s):

Gender Pay Gap ◽

Pay Equity ◽

Equal Pay ◽

Pay Gap ◽

Content Type ◽

Cultural Challenges ◽

Qualitative Research Study ◽

Organizational Barriers ◽

Marginalized Women ◽

Experiences Of Women

Purpose The purpose of this paper is to examine the experiences of marginalized women in achieving equal pay for work of equal value. The research focuses on Ontario, Canada, as this is a leading jurisdiction globally in implementing legislation on pay equity. It provides an opportunity to understand the lived experiences of women whom scholars have identified as particularly vulnerable in workplaces. Design/methodology/approach This is a qualitative research study. Twenty-three interviews were conducted with women defined as marginalized. Thematic analysis was used to analyze the data. Findings Three themes resulted from the analysis: early employment experiences, cultural challenges at work and inequities in pay. The authors found that not only do structural and organizational barriers limit the ability of marginalized women to achieve parity in the workplace but there also is a hidden social element that requires further investigation. Originality/value The gender pay gap is wider for marginalized women, even after three decades since pay equity legislation was implemented in Ontario. There is a dearth of research on why this is the case. This study adds to the literature by focusing on a broader set of factors, in addition to legislation, that must be considered when focusing on solutions to the gender pay gap.

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Pursuing equal pay: The perspectives of female engineers and potential policy interventions

Journal of Industrial Relations ◽

10.1177/0022185616659677 ◽

2016 ◽

Vol 59 (1) ◽

pp. 3-21 ◽

Cited By ~ 5

Author(s):

Judy McGregor ◽

Sharyn Graham Davies ◽

Lynne S Giddings ◽

Judith Pringle

Keyword(s):

Gender Pay Gap ◽

Equal Pay ◽

Pay Gap ◽

Individual Level ◽

Women In Engineering ◽

New Public ◽

Family Demands ◽

And Mathematics ◽

The Individual ◽

The Cost

The gender pay gap of higher paid women working in traditionally male-dominated sectors has received less analysis in equal pay research than low paid, female-dominated and undervalued women’s work. This article explores equal pay from the perspectives of female engineers, well paid women working in a Science, Technology, Engineering and Mathematics (STEM) sector in New Zealand, who perform work of the same or like nature to male engineers but who are paid less for doing so. It explores the gender pay gap against the complex intersections of labour market de-regulation, family demands, work and the ‘cost of being female’ that women in engineering must constantly navigate. The research uses quantitative pay data in the sector disaggregated by gender, and new qualitative data from focus groups and interviews with 22 female engineers. It finds a surprising lack of transparency around pay and remuneration in the sector at the individual level which negatively impacts on women. The article concludes by recommending new public policy initiatives for equal pay in sectors like engineering, where individualised negotiation and bargaining is embedded in neo-liberalism.

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Shall I Compare Thee? The Legal Dilemma: The Choice of Comparators in Discrimination Cases

International Journal of Discrimination and the Law ◽

10.1177/135822910000400304 ◽

2000 ◽

Vol 4 (3) ◽

pp. 293-317

Author(s):

Sam Middlemiss

Keyword(s):

United Kingdom ◽

Protected Areas ◽

European Community ◽

Equal Pay ◽

The United Kingdom ◽

Relative Success ◽

The Law ◽

Rules Set

There have been remarkable developments in some areas of discrimination law in the United Kingdom over recent years along with a notable lack of development in other areas with both relative success or failure (in terms of extending the protection of the law) often being determined by the appropriate comparator which can be used in presenting a claim for discrimination and/or the influence and constraints of rules set down in UK and European Community Legislation. It is contended that a lack of uniformity of approach to these issues both hinders and helps the equality cause. It hinders by presenting uncertainty about the appropriate comparator in these cases and helps where the law recognises uniformity of approach in determining comparators across differing kinds of equality cases is both illadvised and inappropriate. It is contended in this article that reform of the areas of law where protection is weak or badly-structured is best served by borrowing from approaches in the better protected areas of UK discrimination law or from strategies utilised in other jurisdictions. In the interests of brevity and consistency of argument and analysis it has been necessary to refrain from considering this issue as it relates to equal pay.

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